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HomeMy WebLinkAbout2006-04-26 Conservation Commission Minutes Conservation Commission Meeting Minutes April 26,2006 Members Present: Scott L Masse, Chairman, Joseph W Lynch, Jr, John J Mabon, and Louis A Napoli Members Absent: Albert P Manzi, Jr , Vice Chairman, Sean F McDonough, Deborah Feltovic Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:11 P. M. Quorum Present. Pledge of Allegiance General Business 242-1244, COC Request,Lot 1 Gray Street-#280 (Litchfield Company, Inc.)(Serwatka)(Cont. from 4/12/06) No one was present Ms Merrill stated she spoke with the homeowners as they had concerns with the affidavit, as well as the erosion control I instructed the applicant/contractor to remove the silt fence and all stakes and to knock the hay bales around to let them biodegrade into the ground This has been completed to my satisfaction However,the homeowners believe that these will breed ticks and is holding the affidavit hostage until the hay bales are removed I would recommend the North Andover Conservation Commission continue this mein to May 10, 2006 meeting, if the affidavit has not been received Mr Lynch stated the contractor 30 haybales tree line in front yard along the tree line They are probably worried about snakes Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion to continue to May 10, 2006 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-933, COC Request, Lyons Way (Mesiti Development Corporation, Inc.)(Marchionda & Associates, L. P.) No one was present Ms Merrill stated the Order of Conditions was issued for a 7-lot subdivision within the Buffer Zone to a Bordering Vegetated Wetland in November 1998 PCOC' s for lots 3, 4, 6 & 7, as well as the roadway and replication area were issued in 2003 The North Andover Conservation Commission also issued $ 26K of the original $ 35,200 performance bond in November of 2003 Also lot 5 was built by a separate builder and was filed under 242-1133 Mesiti Development is requesting a full COC and bond release of the $9k performance bond A site inspection was conducted on Monday, April 24, 2006 For the purposes of this COC request, only lots 1 & 2 were analyzed An Enforcement Order was issued to the homeowners on Lot 1 for encroaching into the 25-foot No-Disturbance zone by means of a field stonewall and portions of a deck encroached into the 50-foot No-Build zone The homeowner relocated the stairs outside of the 50-foot No-Build zone and paid a$2K fine as negotiated, in lieu of relocating the wall and restoring the disturbed 25-foot No-Disturbance zone All the requirements in the Enforcement Order were met The site appeared well established with no sign of erosion runoff The wetland markers were placed along the stonewall (within the 25-foot No-Disturbance zone) 1 An Enforcement was issued to the homeowners on Lot 2 for encroaching into the 25-foot No- Disturbance zone by means of mowing and removing vegetation upslope of wetland flag 44 & 45 The Enforcement Order mandated the homeowners to cease for further maintenance activities, constructed a field stonewall along the 25-foot No-Disturbance zone, re-installed the wetland markers and installed some plantings To date, the homeowners have constructed the wall and placed wetland markers along the 25-foot No-Disturbance zone Additionally, 4 gray dogwood, 4 High Blueberry Scrubs and 1 red maple sapling (12' +tall) where planted in the fall of 2003 All appear to be growing healthy Compliance with the Enforcement Order has been met The site appeared to be well stabilized against erosion runoff Measurements were consistent with the as-built plan and record plan The required plantings appeared to be thriving with no sign of stress or dieback The previously disturbed area has not been maintained since the violation was originally noted Mr Lynch stated on lot 1 the shed is in the 50-foot No-Build zone Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion to deny the COC, and request a waiver of the fee for the second COC request was made by Mr Lynch, seconded by Mr Mabon Unanimous Agricultural Use License for Half Mile Hill Ms Merrill stated Tyler Kimball has signed the lease and paid the fee for haying Half Mile Hill Enforcement Order Ratification 99 Pheasant Brook Road Ms Merrill stated I called Harold Parker Park they told me to call EOEA, I left two messages and still have not gotten any return calls The restoration of the 25-foot No-Disturbance zone would have to be restored Hire Wetland Scientist for the tree restoration in the 25-Foot No- Disturbance zone Deadline start May 26, 2006 complete by June 30, 2006 the site would be monitored for 2 growing seasons fall & spring Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr Mabon Unanimous 22-24 Saunders Street Ms Merrill stated removed everything hire a wetland scientist to restoration of the embankment of Sutton pond Mr Lynch stated I don't think the restoration of the embankment is needed it would be the best in this area He would be able to do the work himself to remove the wall wood and this would root out over time the wall can stay landing dock needs to be removed Ms Merrill stated the deadline is June 30, 2006 to have all work completed by this date Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr Mabon Unanimous 125 Flagship Drive (Amended) Ms Merrill stated Dutton& Garfield found the problem-crushed pipe by Headwall they installed PVC pipe 12 inches and installed a flared end for the drainage for the correction off the Flooding and the end of the parking lot Steven Foster installed hay mulch for the restoration of the area planting New England Wetland Seed Mix and monitored for one season Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion to ratify the amended Enforcement Order was made by Mr Lynch, seconded by Mr Mabon Unanimous 2 Town Warrant to reduce the assessment from 3% to a reduction to 1%. Warrant Article 29. Mr Mabon stated a lot of property was bought though Community Preservation Act and State of Massachusetts has been matching the amount by 100% This money preserved the land with the Watershed Protection District Plus money can use for affordable housing for the elderly people in the Town of North Andover Mr Napoli stated this money has help acquire more Open Space for the Town of North Andover Mr Lynch stated protecting the Open Space is a priority in the Town of North Andover Mr Mabon stated Community Preservation Committee has put some money aside for Historical district for affordable housing, if this reduction is voted by the Town Meeting it would cripple the money that we received to continue what we purchase of land now Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion for unfavorable vote by North Andover Conservation was Unanimous No recess Public Hearings 8:00 P. M. Abbreviated Notice of Resource Area Delineation 242-1.350, Berry Street& Turnpike Street(One Hundred Fourteen Trust)(Patrick C. Garner Company,Inc.)(cont. from 4/12/05) No one was present Ms McKay stated a request to continue to May 10, 2006 meeting for final revised plans, vernal pool documentation, and West Environmental report Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion to continue to May 10, 2006 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1349,245 Bridle Path (Grasso)(New England Engineering Services, Inc.)(cont. form 4/12/06) No one was present Ms McKay stated the applicant has not submitted the requested revised plans A motion to continue to May 10, 2006 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1352, 1600 Osgood Street(Ozzy PropertiesBartley)(Epsilon Associates, Inc.)(cont. from 4/12/06) Julie Vondrak of Epsilon Associates, Inc was present Ms McKay stated the DEP# issued-still under review Natural Heritage comments just received by fax today(copies in packet) Although they state that the project occurs near and not within the actual habitat of rare species, they did have several recommendations These recommendations include careful consideration of the circumstances in which removal of vegetation occurs as not to impact nesting and foraging impacts for birds and insects, restricting herbicide application/use in areas that appear to present nesting habitat non-rare nesting birds, ensuring that any herbicide applied follow the MA Pesticide Board regulations and registration authority, and to be mindful of beaver management regulations and procedures They are also requesting a copy of the final Order of Conditions for their records Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Mr Mabon Unanimous 3 Decision 242-1352, 1600 Osgood Street (Ozzy Properties/Bartley)(Epsilon Associates, Inc.) Julie Vondrak of Epsilon Associates, Inc was present Ms McKay stated when herbicide is being spraying in the resource areas or the Merrimack River must file monitoring reports to the Conservation Department Wetland Markers along the 25-foot No-Disturbance zone every 50- feet,No Bond amount,No as-built plan required, site visits when activities would be taking place on the property meeting between the monitor and landscaper doing the work, incorporating Natural Heritage into the Order, any materials within the 100-foot Buffer Zone must trucked off site, This Order has nothing to do with the front parking lot filing totally separate Orders, time table when the activities plan to begin on a yearly function, 20 haybales on site, annual reports, if maintenance not performed notify the Conservation Department on why this being done, stable conditions low water times July& August& September, hand held spraying devices approved by EPA in the wetland resource areas, O &M plan maintenance on an annual basis for perpetuity on the property Scott Masse, Joseph Lynch, John Mabon, Louis Napoli A motion to accept the Order of Conditions as amended was made by Mr Lynch, seconded by Mr Napoli Unanimous A motion to adjourn the meeting at: 8:30 P. M. was made by Mr. Lynch, seconded by Mr. Napoli. Unanimous. 4